Any time your head is injured, impacted, penetrated by an object, or jolted by excessive force or trauma, a traumatic brain injury (TBI) can occur. The CDC reports that many people who experience traumatic brain injuries die from those injuries, comprising a large number of deaths in the United States every year. Those TBI’s that do not result in death can still leave life altering affects to the victim. They can cause cognitive difficulties, emotional disturbance, and in some cases, lifelong disabilities. The most common causes of traumatic brain injuries include auto accidents, motorcycle accidents, and commercial vehicle accidents. However, they are also commonly caused by work related accidents, slip and fall injuries, and birth injuries.
Do You Have a Personal Injury Claim for Your Traumatic Brain Injury?
Depending on how the traumatic brain injury occurred and the circumstances involved, you may have a personal injury claim against a property owner (premises liability) or an at-driver (auto accident). You may also have a workers’ compensation claim or a personal injury claim against a workplace that was unsafe or inappropriate in their procedures or response. If your traumatic brain injury – or the injury or death of a loved one – was caused by a medical mistake, then you might have a medical malpractice claim as well.
Regardless of how the brain injury occurred, you deserve compensation for any injury caused by the negligence of someone else. This compensation should cover your medical expenses, which are likely to be substantial for the treatment and recovery of a traumatic brain injury. You should also be compensated for your pain and suffering, emotional and psychological trauma, and any out of pocket expenses related to your ongoing medical care.
Depending on the situation, you may also seek compensation for lost wages, lost future earning capacity, loss of consortium (if it was your spouse), loss of enjoyment of life, and – in rare and egregiously negligent circumstances – punitive damages. You can further seek compensation for job re-training, if necessary, and any costs associated with your rehabilitation.
Ultimately, to get the full amount of compensation that you deserve and to ensure that you do not get taken advantage of by insurance companies or the liable party, you should seek a FREE consultation with the attorneys at Double Aught Injury Lawyers for advice and potentially legal representation to help protect your rights.
What Can You Do To Protect Your Rights After a Traumatic Brain Injury
Many people who endure traumatic brain injuries are unaware of the necessary steps they should take to protect their rights and strengthen any potential personal injury claim(s) that they may have after the injury. Following is some of the best advice that we hope all of our clients and potential clients will follow after a traumatic brain injury.
1) Seek Medical Care Right Away. After any accident that in any way threatens your head and brain, you should seek medical care, even if you don’t have obvious symptoms. You may have nothing more than a headache, if that, and you might not think you’ve been really injured. Yet, the signs of your injury can manifest later, making you regret your decision to skip or delay a medical evaluation. Always seek a medical evaluation after any accident that could have caused injuries. This not only strengthens your personal injury claim, should you choose to pursue one; it also ensures that your injury does not grow worse without adequate treatment.
2) Don’t Talk to an Insurance Company or Accept a Settlement. You should never discuss the details of your accident or injury with an insurance company without first talking to a personal injury attorney. You should especially avoid accepting a settlement without first consulting the attorneys at Double Aught Injury Lawyers, because the initial consultation is FREE.
3) Don’t Admit Fault or Apologize. After an accident, many people feel compelled to apologize to the other party. This is a normal human response, but you should avoid it. Do not say anything that could be taken to indicate that you accept fault for the accident.
4) Call a Lawyer. Even if you’re not sure if your situation warrants a skilled South Carolina personal injury claim attorney, it never hurts to have a FREE legal consultation. The longer you wait to do so, the more difficult it may be for your attorney to help you seek compensation. And because the consultation is FREE at Double Aught Injury Lawyers, even if it turns out that you don’t have a valid claim, you haven’t lost anything by taking the time to find out and discuss the circumstances of your accident.
Bryan Ramey is a Personal Injury Attorney who practices in the upstate of South Carolina. He graduated from The University of South Carolina School of Law, and has been practicing law for 27 years now. Bryan Ramey believes in representing the injured. Learn more about his experience by clicking here.